While deciding an appeal against non-provision of information, the Pakistan Information Commission (PIC) issued directives to the country’s power system operator National Transmission & Dispatch Company (NTDC) to provide all the required information within ten days.
An information seeker Khawaja Nadeem Ahmed has requested the NTDC to provide complete evaluation report, documents of all the bidders along with their certification, experience etc. and the list of bidders who participated in ADB-300A tender along with Techno-Commercial bids (TCB) submitted in the office.
Over denial from the NTDC in the matter, Khawaja invoked jurisdiction of the PIC filing appeal against the NTDC saying he has sought information from Chief Engineer of the NTDC under Right of Access to Information Act, 2017 read with Article 19A of the Constitution of Islamic Republic of Pakistan, 1973 and under section 46 of the Public Procurement Rules, 2004. Khawaja, the appellant further said that the Chief Engineer (MP&M) NTDC turned down his request for information.
After adjudicating the appeal under provisions of the Right of Access to Information Act 2017 the Commission said in its order that the NTDC has denied the access to the requested information and record saying the appellant has no locus standi as he neither purchased the bidding documents nor participated in the tendering process as well as not a direct stakeholder of the process.
The PIC said in its order that the NTDC also took stance that the requested documents are classified in nature, adding the borrower (NTDC) is bound to preserve the confidentiality of the procurement process and its associated information. The Commission added, that the NTDC further said that the subject matter, the procurement is admittedly through a loan given by an international financial institution i.e. ADB, therefore Rule 5 of the PPRA Rules, 2004 would be relevant and applicable, rendering ADB Procurements Guidelines prevalent and that the subject procurement is being carried out under ADB Procurement Rules.
Allowing appeal of the information seeker Khawaja, the PIC issued directives to the Chief Engineer (MP&M) NTDC, to furnish the appellant all the requested information, after severing the record touching the private privacy of any individual i.e. Bank Account Number, Phone/cell No., CNIC No., Passport No., Address or any other information pertaining to the family members, forthwith but in any case not later than ten days of the receipt of this order.
